Remote assistance : IKNAIA will endeavour, within the framework of an obligation of means, to respond as quickly as possible to questions of interest to the customer and related to the use of IKNAIA. The intervention hours are from Monday to Friday inclusive from 9 a.m. to 12 p.m. and 2 p.m. to 5 p.m., except on public holidays. IKNAIA reserves the right to modify at any time the characteristics of the technical infrastructures made available to the customer.
Duration and termination : The duration of the services provided under the IKNAIA offer is twelve (12) months, offer based on the calendar year. These services will then be tacitly renewed for a period of twelve (12) renewable months, each party being able to terminate them with notice of two (2) months before the anniversary date of the contract, sent by registered letter with acknowledgment of receipt. The termination, or the end for any reason whatsoever, of this contract does not give rise to the reimbursement of the sums collected by IKNAIA . The customer will no longer have access to the IKNAIA interface. The customer expressly waives any recourse and/or claims.
Billing and Payment : The contract is concluded for a period of one year. The first year is billable on a pro rata basis. Fees are collected quarterly, half-yearly or annually on the due date.
IKNAIA must be in possession of the necessary documents such as purchase order, SEPA direct debit authorization provided by IKNAIA and RIB. In the event that the customer has not paid one of the due dates, IKNAIA may, by operation of law, immediately interrupt the services provided, without prejudice to any damages that IKNAIA may claim for non-payment and terminate the IKNAIA offer in accordance with the provisions of Article 5.
In the event of non-payment or delay, and in accordance with Article L.441-6 of the French Commercial Code, late payment penalties are due in the absence of payment on the day following the payment date appearing on the invoice.
The interest rate on these late payment penalties is 25% per year.
A fixed compensation of €40 is also due under the conditions of Article L. 441-6 of the Commercial Code.
Any unpaid return on direct debit issued will result in the customer being billed €9.35 in fees charged by the bank and €10 in administration fees.
Modification of prices and services : The Customer agrees to pay, on the invoice date, the amount corresponding to the rate in effect on the day of subscription. Prices will be revised annually according to the formula (P=P0(S/S0)) P = the new price, P0 = the initial price, S = the latest syntec index published at the time of renewal, and S0 the index for the month of the initial price. In the event of a change in the services offered leading to a substantial change in the contract price, IKNAIAwill inform the Customer no later than one month before the end of the contract. In the event of disagreement, the Customer must notify IKNAIAby registered letter with acknowledgment of receipt before the end of the contract, failing which, it will be deemed to have accepted the new conditions. The customer's disagreement duly notified constitutes termination of the contract.
Ownership : The IKNAIA offer made available to the customer remains the property of IKNAIA. The customer acknowledges that IKNAIA provided by IKNAIAis an intellectual work that he and his staff undertake to consider as such by prohibiting themselves from:
Any copy or reproduction, adaptation, translation or arrangement,
Any provision of IKNAIA, directly or indirectly, for the benefit of a third party, free of charge or for a fee, in particular by rental, transfer or loan.
Responsibilities : In any event, IKNAIA shall not be held liable for any delay in the execution of the aforementioned services that is attributable to causes or events beyond its control, particularly in the event of force majeure. Furthermore, IKNAIA shall not be held liable in the event of improper use of the IKNAIA interface or in the event of non-application or improper application of the IKNAIA support service guidelines. Under no circumstances may IKNAIA be held liable for the deterioration or destruction of files or programs. It is specified in this regard that, having not assumed the obligation, IKNAIA cannot be at fault for not having verified the accuracy of the information and data provided by the customer, nor the IT skills of its staff. The customer is solely responsible for the information distributed on IKNAIA. The customer ensures that he has all the authorizations for international distribution of images, texts, and documents of all kinds present on IKNAIA. The customer agrees to comply with the rules in use on the Internet and the laws and regulations in force in France, in particular with regard to the operation of online services, commerce, information, protection of minors, respect for the human person, intellectual property, processing of personal data and privacy. In the event of a breach of one of the mandatory provisions, IKNAIA will be entitled to interrupt or suspend automatically, without the need to notify the customer in advance.
Attribution of jurisdiction : For all disputes relating to the execution and term of these presents and for their interpretation, jurisdiction is expressly attributed to the sole commercial court of PAU and this same
